Friday, March 2, 2012

It is never over until the appeal is over!

All I can say is the court system takes forever. My case ended in February of 2011 ans then they appealed it and I had to stress again for a year. Now it's over and done, and my son and I will live happily ever after.
You can read about the appeal here, http://www.newport-attorney.com/wordpress/2012/02/aston-v-contra-costa-county-children-family-california-court-appeal-february-27-2012/ , hopefully the link works. Thank you all for you prayers and thoughts, and if you liked this blog, check out my other ones, they talk more about the chaos that happens when CPS gets involved and ruins lives.
In case you haven't read though, my ex, yes I said ex, has turned to drugs to numb the pain of the lies her daughter has said about me and herself.
Again thank you all!

Friday, April 8, 2011

The Final Verdict

February11th, 2011, at 3pm we are to appear before the judge to hear the final decision. 
The whole weekend before the court date I was a wreck, we have been going through this for so long and the end is finally here, but did I want to hear this verdict?  I did want this over but the verdict could just be the start of the appeal process and we would still have a long way to go.  I just sat and thought all weekend, what to do? Did I say everything right?   Was there anything that could make the judge not see the truth?  When people get up on the stand and straight out lie, there is always a chance of it being believed.  The weekend seemed to never end.
Monday morning, what a stressful day.  I spend the morning with my wife and we talked and stressed each other out about what we thought would happen, what we would do if the verdict didn't go our way.  Do we run and get our son and just flee the country?  Things like this really go through your mind, even though I would never do this, I do understand why someone would. 
The minutes ticked by and seemed like hours, I couldn't wait to get this over with, yet I really didn't want to go.  I felt like just running away and waiting for someone to call me and just give me the answer, I didn't know if I could really go through all this.
3 o'clock, time to go.  My wife and I parked and walked up to the courthouse, I don't think we spoke the entire time going there, we met up with our lawyer and she tried to break the ice by saying that she had a really good feeling about everything.   I think that's what lawyers are supposed to say, it didn't make me feel any better, I think I was expecting the worse.
We went in and sat down and waited for the Judge to come into the court.  Did that ever seem like an eternity?  My wife and I were already starting to tear up.  The Judge came in and sat down and was ready to start.  She started off by saying, "When you listen to people's testimony, sometimes they are truthful, sometimes they make mistakes about dates and what happened, and other times they out-right lie.  All three of these things took place in this case and I will go over them today and tell you how I reached my verdict."  All I could think was, my God, did she think I was a liar? Maybe she thought I was truthful, just tell me the verdict, I don't want to hear anything but the verdict.  My heart was pounding out of my chest, my palms were so sweaty, I have to say that this was nothing like I've ever felt before, I was so emotional, I tried to listen but sometimes the Judge seemed to speak like the adults in the Charlie Brown cartoons.  Thoughts and emotions were on overload but I tried to keep focus and listen.  Then she spoke about the lies in the case, she spoke about two people, one a defense witness and one a prosecution witness, the Judge spoke about our witness for about five minutes then she turned to the prosecution witness and spoke about that person for ten minutes, so far we are winning by having half as many lies I thought.  After our Judge was done with those two witnesses she turn to another prosecution witness, their main "star" witness, and hammered away for fifty minutes.  It really made me see this person in a different light.  I knew that they had emotional problems, but the judge made me see this witness entirely different then I thought I knew them.  I thought that the day was going our way but I didn't want to get my hopes up so I just took everything in stride.  When our judge was finally done talking about their "star" witness I was waiting for her to continue down the line of witnesses but she then just handed out her verdict. 
I was found "not guilty" on any of the allegations, and that I could return home to my son and we could now work on the healing process and make up for lost time.  This is why I haven't written for two months, we had a lot of catching up to do.

What have I lost?
My son saw me get arrested, put in handcuffs and put to the ground.
I missed my son's very first day of kindergarten.
I missed Halloween, he was a transformer.
I missed Thanksgiving, my wife cooked a feast for two.
I missed Christmas, Santa brought him a new Xbox with the Kinect, a new bike and other toys, but my son asked for his Dad to come home, not even Santa could make that happen.
I missed my son's 6th birthday, my wife took him and his friend to Chuck E. Cheese.
I'm out over $100,000 that's a small price to pay to get my family back.

What did I get?
I learned a valuable lesson, Family is the most important thing in this world, not money, not a big house, not materialistic things, just Family and the love between a Father and his Son.

Wednesday, February 9, 2011

Kids? What Kids? I'm Here To Win!

Let me first start by saying that when I give any information about what’s going on in my case, it only deals with my case.  Since I have not had this happen to me before, and I hope that I never will again, I can only go by what I have seen in my case and then make judgments and opinions about what I feel is wrong with our court system.  I’m sure that there are really good county lawyers and really good minor council out there, but in my case, I just don’t see it.
 Maybe it’s just me, but it seems to me that state, county, appointed lawyers are in it only to try and win. Now I know what you are saying right now, “Duh!”  But I really thought that those types of county lawyers (ones not getting paid by the case) were there to find out the truth and see if they could salvage the family unit.  What an idiot I am, they are only in it to win no matter what the cost.  I’ve looked at most of the evidence of my case, and it just saddens me to see how things get turned around to make you look like a less then mediocre parent.  In my criminal case, there was a time that I had to take a polygraph test to try to prove my innocence, I took it and passed and this was one of the major pieces of evidence that helped me not land in prison for the rest of my life.  You would think that the opposing council would think that this is just the kind of evidence we need to help us sort through all these bogus facts and finger pointing, but they did not want it entered into evidence.  Why do you ask? (Even if you didn’t ask it, I’m pretending you did.) It’s because they are here to win, not to make things right or find out the truth.  How does this make your little five year old feel?  The court appointed minor’s council that your tax money pays for, and that represents YOUR child is not working for your child at all, they are working to win a case against you and put your children into foster care or at least in my case that’s how it is. 

Sunday, January 16, 2011

Back For A Blog

Well, it’s been a long time since I’ve written a blog.  Some of it was due to all the court stuff going on and then not really wanting to write about it, the other reason has been that due to all of my financial issues, I don’t currently have internet at the house that I am staying at, nor do I have any funds to get it installed.  It has been insane how our court system works.  Believe me when I tell you that it doesn’t work the way you think it would.  Most of the court dates are a waste of time; the court is trying to go over the dates and times that all of the attorneys are available and to see if the court is available at that same time.  Unfortunately, you are talking about three or four attorneys that have a bunch of other cases they are representing and trying, so sometimes, let’s say on October 1st, you’re at your court date and all they attorneys don’t have the same time off until November 5th.  That’s a month of two hours with my son instead of a month closer to being back at my house.
Everyone is working for your children. . . .This is not a true statement, and if you think it is, you might as well sign your kids over to the state now.  The only one that has the best interest of your children is you.  Your attorney might have you and your kid’s best interest in mind if you are paying for one yourself, but if you are going through the county because you have no money for representation; just remember that your kid’s attorney is also working in the same building.  Don’t think for a minute
that they don’t talk to each other and have the case already done before you are at court.  I know, “attorney/client privilege” but do you think they really care? It’s not like they are going to tell on each other and if this gets their work done faster then that’s what gets done.
My case is so strange to me.  It seems that the harder you try to prove your innocence the harder CPS tries to make you guilty.  I have had three different CPS workers on my case.  The first liar supposedly went out
on disability for some type of illness and then they handed my case off to some other liar who was the worst and most disgusting individual I think I have ever come in contact with.  Her entire goal was to just make up lies, no matter what you would say in an interview she would just write whatever she wanted to.  Who does the court believe; some parents on trial for not taking care of their kids or a CPS worker?  I just don’t
know how some of these CPS workers can sleep at night knowing that some children are not with their families due only to the fact that they have made up lies.  Anyway, the second CPS liar was supposedly in a major car accident, either they finally decided to pull her lying ass off of the case or karma took care of what I couldn’t do myself.  This brings us to CPS worker number three, third time’s a charm? Yes, finally a CPS worker with some sort of integrity, at least I hope, I don’t think I will ever fully trust CPS, but I haven’t caught this one in a lie yet.
I have recently had my trial start, it’s been stressful and I’d say horrible. The county lawyers called their witnesses first, and let’s just say, it was two days of feeling like we had lost. We finally got to call witnesses this Friday and I feel a lot better right now.  I see the truth, but does the judge? God, I hope she does, I just can’t believe people’s lies can come to this.  They have destroyed a good family, all because of lies. 
I think of all of the money that I have spent on this court case, and if you multiply that by three for all of the attorneys and maybe double it for all the court costs and police investigation, I bet it we are close to $400,000 for the cost of this whole deal.  What a waste of my money and your money, if the county was so concerned with my child, they should have just given me $200,000 and I could buy a house, and they would have saved around $150,000.  Then our county could put that money to good use by giving it to our schools.   Maybe they should have taken some of that money and used it for investigating the false claim instead of just filing a lawsuit.  I guess they thought it would be cheaper because most hard working Americans can’t afford an attorney and it would be an easy case to try when the county has it’s hands on all of the attorneys.

Friday, October 8, 2010

More Court

So I went to court on Thursday, sometimes it just seems like a waste of time, the judge goes over a couple things and then we wait for the next date.  CPS amended their original petition, basically just reworded everything and kept the same petition.  Now my court date has been pushed back to the end of October, and finally we can start calling witnesses. 
County council (CPS's lawyer), from what I have found out has been calling the DA in Contra Costa County and telling him that he needs to file charges on me.  First all these allegations are 100% false, I've also passed a polygraph with one of the best polygraph testers in the country.  You would think that all of this information would make CPS want to check more into who's doing the finger pointing, but no, they just want to be right at any cost, even if it means sending an innocent person to prison for 25 years or breaking a family apart.  The county council also was asking for a c-sars test which from my understanding is an evasive sexual test done on a child, which is pretty much sexual abuse in itself.
At court County council told the judge that he used the term "c-sars" but he just meant that he wanted a psychiatrist to evaluate my son.
This just in!!! While typing this, my wife called me and said that a police officer came by my house and was asked to do a welfare check on my son by the CPS case worker.  I haven't gotten to how my visit went with my son today, but the CPS worker saw him, but now all of a sudden she needs a welfare check.  After all he has seen with his dad getting arrested, this has only caused him more mental anguish. My wife said that he started crying when he saw the officer.  Way to go CPS, you guys truly are for the children!
I can't really think too straight after my phone call from my wife tonight.  I will finish up tomorrow.  I am sorry but this just has mentally drained me. 

Sunday, October 3, 2010

Why Supervised Visits are Horrible

I recently had another supervised visit this past Friday, although I love seeing my son, seeing him in this environment is really not the best thing for him.  I can tell that he is nervous with this lady sitting there staring at us and taking notes, he just doesn't act the same.  It's almost like we are on stage putting on a show, you never know what CPS if looking at and how they are going to review us.  I won't know until I go back to court next week and they make up more lies about us. 
The other problem with spending an hour in this crappy  meeting room is that their toy selection is slim-to-none.  They have toys, but pretty much only parts of toys. They have puzzles that are missing pieces, and you don't know until you are almost done with it.  They have games with all sorts of other game pieces mixed in with it.  How do you play Monopoly with one die, four Candyland cards and six Scrabble letters?  It is just very hard to try and be normal with your child when he is stuck in a room that really isn't any fun.  I'm sure all this was written down and put into a report somewhere stating that my son looks unhappy to be in the room with me, when he is in fact upset that I can not go home with him and that all the toys in this room are broken or missing parts.  What can I do? I just try my best to make my son feel safe and happy, but I know it hurts him to have to leave me after only an hour.  I just want my boy and family back, and CPS doesn't care.  If they did care about the family being together, they would have looked at all the facts of the case and made the right decision.  Instead they chose to continue with their original accusation without ever looking at the entire case.

Wednesday, September 29, 2010

Getting Supervised Visits

I have found that it is very difficult to get supervised visits with my son.  Originally I was supposed to get two monthly supervised visits, each being two hours, but the county council put a stop to that really quick.  If they were so into keeping the family together wouldn't they want me to have two hours twice a month with my son?  They changed it to one hour twice a month and the court agreed.  I'm not sure if they decided to change it to two hours a month because they have no staffing at the CPS office or if they were just trying to make my life difficult.
I have spoken to a case worker at the CPS office and when I asked her why it seemed so difficult to get a scheduled visit, my question was, "Do you only have two people working over there that can do supervised visits?"  And her answer was, "Yes, literally."  This brings me to my next thought, do I have limited visitation because they are under staffed or because they think I abuse my son?  Either way, I have missed the first month of my son being in school.  He started kindergarten in August, and even though I waited 5 years for this day like a proud Father, it was ripped away from me.  I get picture messages from my wife of the pictures he has painted, and the homework he has done, but it's not the same.  I miss my son, I wanted to be at home helping him with writing his ABC's, asking how his day went and what new things he has learned? All that is gone for me, all because someone made a false accusation that CPS acted upon never investigating my side of the story.  Innocent until proven guilty? No. Guilty into proven innocent? That's getting closer, but in their mind it's guilty under any circumstances.