LITTLE GIRL LOST Tiffanni Price - Gakawbekawequay Tiffanni Price 9 year old victim of child abuse.   COURT MAY 1, 2000 I want tell you what has happened in court. Judge Harrington denied all of my new attorneys motions, including to have him step down, and a new trial. He denied the motion to have the GAL be removed, and a new GAL assigned. Judge Harrington refused to admit that he did any wrong when he said in the court transcripts that he will not honor the Indian Child Welfare Act, or "this Tribal Court ruling". He said, that he has been an attorney for 16 years, and that I had a lot of nerve to file a complaint against him with the Judicial Commission. He said that my new attorneys have even more nerve to file the motions that they filed. Judge Harrington said that he does not have any prejudice against my heritage, and when my attorneys pointed out in the court transcripts he did in deed say racial remarks. the judge said: "I'M NOT PREJUDICE, I'M JUST BLUNT...I TELL IT LIKE IT IS". Judge Harrington then addressed my daughter being Native American......he said my former attorney offered him no proof that she was an Indian child, so he denied to accept the Indian Child Welfare Act. My Attorneys showed the judge/court that indeed, there was documentation of her being a Native American child, an enrolled Native American child, the judge said he as a judge has the sole right to accept or deny any motion, and he was going to deny it on the grounds that my former attorney did not tell him she was a Native child. Then came the ORDER TO SHOW CAUSE on why my ex-husband had refused me visitation for 9 months. The judge had Tim get on the witness stand, his attorney asked him questions, he said that I never asked for visitation, that he never called me a f_cking bitch, and that I can see her any time I wanted. His attorney then asked him if at any time did he ever monitor my phone calls to her, he said no, Pat does not call Tiffanni. His attorney asked him if I was allowed to write to her, he said only if the court said it was alright. He then told the judge that he has the right to decide on who will supervise visitation and that he has not found any one to supervise my visitation with Tiffanni so there was not be any visitation. My attorneys then questioned him and asked how many times did I call Tiffanni, he said about 25 or 26 times. When asked if at any time did he ever moniter my phone calls, he said that he has the right to monitor her phone calls, and if I should say something that he does not like, he has the right to hang up the phone. They asked him how long she gets to talk to me, he said about 2 or 3 minutes. The judge then told the court "When Tiffanni was with her mother, she was a straight A student, what are her grades like now". Tim said she was doing poorly in school at first, but now she is getting B's.. The judge then denied the motion to have Tim put in contempt of court for refusing me visitation. The judge said that during these last 9 months, I have alienated her against her father, (she has been living with Tim and I was not allowed to see her). Up until a few weeks ago, I was not even allowed to call her and to speak to her... The judge then ordered supervised visitation for every other week beginning this Saturday. (I received a telehone call from the Bayfield Visitation Center, and they informed me because Tim did not get his paper work in on time, the earliest that they can schedule a visitation would be Memorial weekend.) Judge Harrington gave me 1 hour with Tiffanni and asked if I had an objection to the person Tim suggested to supervise the visitation, and I said YES, I DID so then my attorneys said they would supervise my visitation with Tiffanni and I finally got to see her. Now, comes the bad part. Tiffanni has a head full of lice, her hair was dirty. she was on her period, and he is not buying her pads, she has to use kleenex.....and she needed to use deodorant. Her hair was dyed auburn, sort of like a medium to light auburn color, and it looks just awful on her. Her normal hair color is dark brown with a little bit of reddish highlights in it....She was wearing a t-shirt that was too small for her, no bra (she wears a 32 B and she just turned 10). You would have thought that with all the make up she had on, she was about 16 years old instead of 10. When she was home with me, I did not allow any make up. My day in court was pure HELL!   MOTIONS FILED TO DISQUALIFY My attorneys filed 3 motions in court on my behalf. 1.) PETITIONER IS ENTITLED TO JUDICIAL DISQUALIFICATION FOR BIAS 2.) PETITIONER IS ENTITLED TO A NEW TRIAL BEFORE A DIFFERENT JUDGE BECAUSE OF ERRORS ARISING FROM JUDICIAL BIAS AND MISCONDUCT THROUGHOUT THE PROCEEDINGS               a)   Legal background               b)   Judicial Misconduct               c)   Judicial Violation of                     Federal Law 3.) ALTERNATIVELY, PETITIONER IS ENTITLED TO RECONSIDERATION AND AMENDMENT OF THE JANUARY 14, 2000 ORDER AND DECREE                                a)  Introduction and Summary of Argument b)  The Order Improperly Removes the Minor Child from Her Primary Caregiver Without Consideration of Relevant Statuary Factors c) The Order Erroneously Imposes Indefinite Supervised Visitation on the Petitioner d) The Final Order Should Expressly Incorporate the Finding and Conclusions Previously Announced by the Court on August 6 and December 3 e) The Order Erroneously Awards Spousal Maintenance to the Respondent f)   The Order Improperly Apportioned Responsibility for the Callier Clinic (evaluation) and Guardian ad litem bills g) No Basis Exists for a Nunc Pro Tunc Designation for the January 14, 2000 Order 4.) THE MINOR CHILD IS ENTITLED TO A NEW GUARDIAN AD LITEM TO REPRESENT HER INTERESTS IN ANY FURTHER PROCEEDINGS Memorandum of Law: The record shows that Judge Harrington committed reversible error, wilfully violated the Wisconsin Supreme Court Code of Judicial Conduct (SCR), and deprived Petitioner of due process and her right to a fair trial and complete adjudication of the issues. Everything that is in the Motion filed with the court contains all the information that the judge would not allow in his court room, including her enrollment with her tribe. What I did not know at the time, was the judge took Tiffanni into his chambers and asked her questions, he told her that he did not like me, and that he (the judge) was going to have her live with her father. He also told her that she better not run away from her fathers house, or try to hurt herself, because if she did this, he told her " I'm going to put your mother in jail". Tiffanni told the judge she would run away or hang herself if she had to live with her adopted dad. Judge Harrington placed my daughter in the custody of a man with a history of violence, alcohol abuse, and sexual misconduct against a child. The "Respondent" (my ex) thru his own admission to inappropriate sexual conduct for which he was charged with assult (Aug. 6, 1999 Transc. at 19 1. 15-17); and the "Respondent's" lack thereof in "Anger Management Counseling". Judge Harrington also violated Federal Law by failing to apply or even recogize the applicability of the Indian Child Welfare Act of 1978. The Judge wrongly assuming that the Indian Child Welfare Act of 1978 does not apply, erred in placing my daughter without regard to the federally mandated placement preferences and without consulting the Alaska tribe that was seeking to assert jurisdiction over the matter. (Aug. 6, 1999 Hearing Transc. at 32 1.15-16; April 1, 1999 Hearing Transc. at 9 1.13-22) The record does not reflect any effert to discern whether my daughter is a tribal member, to the contrary, Judge Harrington improperly stated that until he saw a certified federal court oder from the Western District of Wisconsin, the child's legal status meant nothing to him. (April 1, 1999 Hearing Transc. at 10 1.1-13) It is right in the court transcripts..I have been waiting for something to happen, and now it finally has.... I have been able to finally speak with TIffanni, and "HE" had to let me talk with her......... I cried when I heard her voice, and she kept telling me how much she loved me, and wanted to come home. I have waited a long time to hear her voice.   Complaint Against Judge Case no,: 97FA128 Price Vs. Price I wish to provide you with information you will need to file a complaint against Circuit Court Judge Eugene Harrington. It is my position that I have not abused/neglected my child, Tiffanni Marie Price. This case was built on lies, speculation and presumption that has been unrebutted by my former attorney, Mr. Thomas Duffy, and has been allowed to stand as fact under law. I need to have these false and malicious presumptions rebutted now. Judge Eugene Harrington allowed false information given by witnesses put in record, Ms. Rose Barber, testified under oath, and responded with lies, speculation and presumption. Evidence has been established to substantiate these untruths. I intend to use every legal tool at my disposal to help me get my daughter back, all relevant and state/Federal statues and case law, and appeals, motions, writs, etc. to effectively defend me. It is my contention that my child was removed from MY custody for the sole reason that I am Native American, that I protected my child from the abuse of Mr. Price, I removed my child from the State of Wisconsin to do so. I firmly believe that Judge Eugene Harrington is racist, he made remarks during the divorce hearing that "I'M JUST A WHITE GUY" when issues pretaining to Native American culture. I firmly believe that Judge Eugene Harringtons remarks where that he should have declared himself as BIASED and rescinded. One other remark during this same court hearing was when my child was ordered to attend a public school in Hayward, Wisconsin. I told Judge Harrington that my daughter attended a school on the LCO Reservation, and his remark was "LIKE I SAID, THIS CHILD WILL ATTEND A NORMAL SCHOOL WITH NORMAL CHILDREN". I believe that one reason that Judge Eugene Harrington targeted me is because I am Native American, my attorney was a Judicare attorney, and Judge Eugene Harrington told my attorney Mr. Thomas Duffy that he "WAS PISSED OFF AT HER (meaning me) AND SHE GETS WHAT EVER I GIVE HER! There was a newspaper article written regarding this case, and this article upset the judge tremendously. Judge Eugene Harrington said in court that he would not honor The Indian Child Welfare Act, or any tribal court ruling regarding this case. Judge Eugene Harrington failed to comply with a Supreme Court ruling regarding The Indian Child Welfare Act. Judge Harrington failed to notify Nenana (the tribe where my daughter is enrolled) with his intent to remove her from my home. He failed to notify Nenana, that she was removed and placed in a foster home. He also failed to notify The Bureau of Indian Affairs that she was in foster care, and was to be placed with her non-native adopted father. I will not allow this judge to terminate my parental right, he has allowed my ex-husbands attorney to deny me visitation, and any type of communication with my child. My child was taken from me on August 6, 1999, and to date I have not been allowed to see her. I have never abused my child, I do not drink, smoke nor have I ever used drugs. I firmly believe that Judge Eugene Harrington has a personal bias against me, which is not limited to my race, heritage, religious beliefs, personality, and as a citizen, I expect to be treated with respect and courtesy, which I was denied. I was not permitted to participate in discussions/conferences regarding my child. Judge Eugene Harrington premitted Mr. Price to participate in such conferences. Judge Harrington allowed issues of hearsay evidence, speculation, manufactured diagnoses by unqualified witneses, which is a violation of due process based on contitutional issues, and violations of constitutional rights. Judge Eugene Harrington refused to allow documents pretaining to Substantiated Abuse by Mr. Timothy Price. These reports were investigated by Sawyer County Human Services. He allowed Mr. Price to make "light" of his abuse and his problem of alcohol abuse. He allowed Mr. Price to lie under oath regarding his being charged with rape. The woman Mr. Price raped is willing to go to court and testify that SHE DID NOT drop charges against Mr. Price as he so stated in court under oath. In the Native American community, parents are asked to get involved with their children. They are not OBSESSED with their children, when they volunteer at the schools, with helping at pow-wows, or being a chaperone to school activities, I was told by Judge Harrington that I was obsessed with my daughter, and she needed to bond with her adopted father, the person who abused her, physically and sexually. Reports of sexual abuse were not allowed in Judge Harringtons court room. They were not made by Doctors of Mr. Prices attorneys choosing. These reports were made by doctors in the Minneapolis area, where we resided, and where I live at today. I wish to file my complaint against Judge Eugene Harrington, with the Wisconsin Judicial Commission. I request that these charges of misconduct be investigated. I will identify 3 witnesses to the conduct of the judge: Maggie Cox, advocate from Women of Nations, St. Paul, Mn, 651/222-5830 x 116 Deb Johnson Fuller, Director of the St. Cloud Area American Indian Center. St. Cloud, Mn. 320/656-9128 Kathy Begay, Director of the Lac Courte Oreilles Early Childhood Head Start Program. Lac Courte Oreilles, Wisconsin 1/888-788-3406 I UNDERSTAND THAT STATE LAW PROVIDES THAT THE JUDICIAL COMMISSION'S PROCEEDINGS ON THIS REQUEST FOR INVESTIGATION ARE CONFIDENTIAL AND THAT I MAY REQUEST THE COMMISSION NOT TO DISCLOSE MY IDENTITY TO THE JUDGE OR COURT COMMISSIONER. I ALSO REQUEST THE COMMISSION NOT TO DISCLOSE MY IDENTITY TO THE JUDGE OR COURT COMMISSIONER . I will send you a hard copy of this letter via United States Postal Services. Sincerely, Patiricia L. Price   FACT #1: THE INDIAN CHILD WELFARE ACT Congress determined a special law to protect the rights of Indian children and their parents. Non-Indian judges and social workers failed to appreciate traditional Indian child rearing practices preceived in day to day life in the children's Indian homes. MY BELIEFS: It is my contention that my child was removed from MY custody for the sole reason that I am Native American. The judge stated during the court proceedings he would not honor The Indian Child Welfare Act, or any Tribal Court ruling regarding this case, and failed to comply with the Supreme Court ruling regarding Indian Child Welfare. The judge failed to notify the tribe where my daughter is enrolled with his intent to remove her and place her in a foster home. He failed to notify the Bureau of Indian Affairs that she was placed in foster care, and was then to be placed with her non-native adopted father. FACT #2: SUBSTANTIATED CHILD MALTREATMENT This same man, who the courts awarded custody to physically beat her with his fists when she was 6 years old. He picked her up by her hair and pulled hair off the top of her head, the size of a silver dollar. In 1996/97 this abuse was Substantiated Child Maltreatment by Human Services. FACT #3: CHARGED WITH RAPE AND STALKING; PLEA BARGAINED - CHARGES DROPPED AND CASE SEALED BY THE COURT Allegations of sexual abuse by this same man, were investigated. They were found unsubstantiated. Human Services, sent a man to question her, and his questions were as if he was talking to a grown woman and not an 8 year old child. She refused to speak with him, and later told her therapist if she said anything to anyone, her "daddy" would hurt her again. This same man, who was awarded custody was charged with rape, and admitted stalking the woman he raped. He plea bargained and was given community service work and ordered to undergo phychotheraphy for rape, and the charge of rape was then dropped. I firmly believe had he been any other nationality (he is white) he would have spent time in jail. FACT #4: PROTECTING CHILD FROM ABUSE COST MOTHER CUSTODY OF CHILD I took my child out of state to protect her from further abuse, both physical and sexual. I kept her away from her adopted father for 5 months. I enrolled her in school, sought out special counseling for her to deal with the type of abuse she was subjected to. I tried to prevent further hurtful and abusive behavior. I will not allow this judge to terminate my parential right, he has allowed my ex-husbands attorney to deny me visitiation and any type of communication with my child. This is the same thing they accused me of doing only I have not done anything wrong. The judicial system is so much different when you are white. Rules are made to be broken and made exception to when the color of your skin is the same as the judge. FACT # 5: CHILD DENIED CULTURAL IDENTITY My daughter will now grow up without a strong cultural identity. A strength that is greaty lacking in todays society. My daughters future is now based on opinions of "experts" who are biased and lack the knowledge of traditional Indian child-rearing. She is no longer allowed to speak her native language. She is not allowed to attend pow-wows, to dance and be with her friends. People who know her, realize that this was so important to her. I have tried to bring my daughter up in a culturally strong environment. She was given her Indian name when she was 5 days old. She entered the dance circle for the first time when she was 10 months old. She just started to walk, and made it around the arena all by herself. My daughter learned to speak the language and culture of the Ojibwe. She has been taught the importance of listening to our Elders, and to remember their stories. It is a custom that must be passed on so that our ways will be known to the Indian children of the future. POSITIVE ROLE MODEL FOR NATIVE AMERICAN CHILDREN: My daughter has traveled to Switzerland as part of a dance troupe. She represented the United States as their Hoop Dancer, a little girl who at 8 years old, danced with 11 hoops. She spoke in Ojibwe of her Reservation where she was Princess, of her school and the Native American Community that she lived in. She sang "Amazing Grace" in Ojibwe to a group of over 700 youth. She also spoke of "Running Strong", a Billy Mills program against drug and alcohol abuse. She spoke first hand information as her adopted father has a serious problem with alcohol and substance abuse. Tiffanni appeared on the "Running Strong" poster with Billy Mills. It was part of the Trails Program posters.   Organizations/people that I have contacted: Indian Child Welfare - Mpls. Am Indian Center Indian Child Welfare Law Office - Terry Yellowhammer Child Protection - Carol Rennerfeld Sexual Violence - Jute Foster - Director Division of Indian Works - Herb Grant Minnesota Indian Womens Resource Center - Dotty Whipple Steve Campbell - Omsbudperson for Native American Families Family Stabiity - Mpls. Am. Ind. Ctr. - MaryJane Wilson Legal Aid Minnesota American Indian Bar Association Lutheran Social Services - Dr. Lynn Hagen Indian Health Board Mental Health - Gerald Loenen Minneapolis City Attorneys Office - Sharona Lee and Ms. Grant National Congress of American Indians - Bob Manyfeathers Narrenhousen Nenana Tribal Council - Edna Hancock Women of Nations - Maggie Cox American Civil Liberties Union Bureau of Indian Affairs - Rosalie Clark - Minneapolis Bureau of Indian Affaairs - Robert McGee - Washington D.C. Kevin Grover - Asst. Secretary of Indian Affairs Attorney Generals Office - St. Paul - Jody Abear Abused Childrens Program - Mary Cross Minnesota Indian Affairs Council - Joe Day Supreme Court - St. Paul - Judy Nord Attorney U.S. Government Information Center - Mr. Kestter   Domestic Violence hotline Judge Jim Randall - Appeals Court Human Services - Vern LaPlant - DHS Tribal Representative Legal Advocacy in St. Paul Native American Rights Fund - Colorado Native American Rights Fund - Washington D.C. National Indian Child Welfare Association - Seathl Ollgard Volunteer Attorneys Network - I'm on the waiting list National Justice for Children - Kathy and Amanda Curt Bluedog - Bluedog Law Offices MaryJo Brooks Hunter - Attorney Judge Elbridge Cochise - Retired Federal Judge - Hopi Tribe Civil Rights BraveHeart Society Women Bonnie Clairmont - Sexual Offense Services Walling & Berg Attorneys - Jody DeSchmidt Child Abuse Prevention Hotline for information on who else I may call Ain Dah Ing - Jennifer and Katie Johnson Goodstar Kathy Zupan _ Attorney Generals Office - Wisconsin Department of Justice - Janet Reno Marge Roane - Minnesota Head of American Indian Bar Association Joe Plummer - Leech Lake Tribal Attorney Gary Montana - Ho-Chunk Attorney Wendy Helgamore - Attorney in St. Cloud, Mn. Special Assistant to the Secretary for Alaska - Deborah L. Williams   Battered Womens Legal Advocates Program - Michelle Don Eubanks - Mille Lacs Commissioner of Health Charles H. Tripp - Chief Judge of the Kickapoo Tribe in Okahoma Families First Partnership - Tia M. Rosenbaum United Native Nations - Rudy James - Chairman Ron Mullins - Candidate for Washington State Senate Hillary Clinton Paul Welltone Sheila Wellstone Deb Johnson Fuller - Director of St. Cloud American Indian Center Darlene Leiding - Adminstrator of Volunteers of America School - Minneapolis Clyde Bellcourte - American Indian Movement Vernon Bellcourte - American Indian Movement Mike Haney - American Indian Movement Dennis Banks - American Indian Movement Billy Mills Ben Nighthorse Campbell - Senator - Colorado Tanana Chiefs Conference - Alaska - Judy Kentz Tanana Chiefs Conference - Alaska - Sue Hollngforth Tanana Chiefs Conference - Alaska - Babs Coleman Tanana Chiefs Conference - Alaska - Mark Andrews Tanana Chiefs Conference - Alaska - Steve Ginnis - President Tanana Chiefs Conference - Alaska - Steve Ketzler Tanana Chiefs Conference - Alaska - the entire legal department Joe BigBear - Little Earth   International Indian Treaty Council Tony Gonzales - United Nations Liaison Human Rights Commission Indian Child Welfare - Lac Courte Oreilles Lac Courte Oreilles Indian Health - Mike Williams Lac Courte Oreilles Indian Health - Dr. Modesto Ferrar Hennepin County Hospital - Crisis Intervention Sister Kinney Institute - Abbott Northwest Hospital Hennepin County Sheriffs Department Minneapolis City Police Department Sawyer County Human Services -David Bauer Sawyer County Sheriffs Department City of Hayward Police Department Mystic Lake Casino Pequot Tribe - Foxwoods St. Criox Tribe   My daughter. Tiffanni Marie Price, her Indian name is: Gakawbekawequay; is "LITTLE GIRL LOST". She is the reason why an account has been set up by the St. Cloud Area American Indian Center. She was made part of the cultural genocide the court system in Wisconsin waged against a Native American mother for protecting her child. For further information, I can be reached at: zoogipoequay@aol.com Please sign my Guest Page: http://mars.GuestPage.com/home/sign.rc?LoginName=zoogipoe Indian Girl Photo courtesy of: LadyHawk http://members.tripod.com/~ladyhawkaltoona/index.html Powered by WebTV  
Make your own free website on Tripod.com