Yankton Sioux Seek Justice for 17-Year Old Case at the White House Tribal Nations Conference

By Stephanie Woodard

During the recent White House Tribal Nations Conference, Yankton Sioux Tribe chairman Thurmond Cournoyer hand-delivered a message to Charles Galbraith, Navajo, associate director of White House Office of Intergovernmental Affairs and Public Engagement. In the letter, Cournoyer asked the Obama administration to end a 17-year miscarriage of justice that resulted in the incarceration of four tribal members.

This is the second time the tribe has reached out to Washington. The first was an appeal to the Justice Department, which was rebuffed. “I believe the president will stand up for justice,” Cournoyer said.

In 1994, according to Cournoyer, 11 grade-school-age children were kidnapped from the reservation in a chaotic raid, isolated from their families, mistreated in foster care and aggressively prepared by the FBI — using anatomical drawings, group therapy in which they were encouraged to talk about sex, and other means — to testify that five of their uncles had abused them. One man was acquitted, and four others were each sentenced to as many as 33 years after a trial that an appeals-court judge and numerous experts — including forensic psychologist Hollida Wakefield; famed defense attorney Linda Baden; Johns Hopkins professor of child and adolescent psychiatry Maggie Bruck; and Robert Chatelle, head of the National Center for Reason and Justice — later said was based on the coerced testimony of young children and riddled with judicial error and racial prejudice.

During the trial, jury members laughed at jokes about American Indians and shared fantastic and lurid speculations on American Indian customs. The trial judge held a special hearing on the jury’s behavior, but found that since it had not occurred during the pre-trial period when the jury is chosen, it was acceptable. The appeals-court judge called the evidence of bias “a matter of grave concern.” The men were briefly granted the possibility of a new trial, which was then withdrawn at the request of the U.S. Attorney’s Office.

The four convicted men — Jesse Rouse, Desmond Rouse, Garfield Feather, and Russell Hubbeling — and the child-witnesses, now adults, who recanted shortly after the trial, maintain the men’s innocence. “This, in my long career, is one of the top injustices,” said Wakefield.

“These men should be exonerated and released immediately,” Cournoyer said, adding that the civil-rights violations against the children should be investigated as well.

Source http://indiancountrytodaymedianetwork.com/2011/12/06/yankton-sioux-seek-justice-for-17-year-old-case-at-the-white-house-tribal-nations-conference-66130

Detroit mom cleared of charges that stemmed from standoff at home

11:14 PM, Aug. 29, 2011

In a case that sparked debate about parental rights versus state involvement in the medical care of children, a Detroit woman won a major victory Monday when all the charges against her were dropped.

Maryanne Godboldo, 57, was accused of firing a gun at Detroit police officers who were assisting a state Child Protective Services worker when they came to her Blaine Street home on March 24 to get her daughter.

The charges against Godboldo were dismissed at her preliminary examination in 36th District Court in Detroit. Judge Ronald Giles agreed with her lawyers that the court order to remove Godboldo's 13-year-old daughter was not valid.

"I am very, very happy and blessed that Judge Giles did the right thing," Godboldo said at a news conference at Hartford Memorial Baptist Church in Detroit.

Giles also agreed that there was no evidence supporting the charge that Godboldo fired a gun at police during the standoff.

When asked about Giles' ruling, Detroit Police Sgt. Eren Stephens said: "Ms. Godboldo was afforded her due process under the law. We abide by and respect the decision."

Maria Miller, spokeswoman for the Wayne County Prosecutor's Office, said the prosecutor will appeal the dismissal of charges.

Godboldo legal team confident that case will survive an appeal

Maryanne Godboldo's legal team is confident that a Wayne County District Court judge's dismissal of all charges against her on Monday will survive an appeal.

"The standard is abuse of discretion," said Byron Pitts, one of Godboldo's lawyers. "The court today did not abuse his discretion."

Godboldo, 57, of Detroit was charged with discharge of a weapon, three counts of felonious assault, resisting and obstructing an officer and felony firearm.

She was accused of firing a gun at police who had accompanied a state Child Protective Services employee to Godboldo's home on Blaine on March 24.

The employee had a Juvenile Court order to take Godboldo's 13-year-old daughter after Godboldo had been accused of neglecting her by discontinuing a psychotropic drug. Godboldo has maintained she has the right to decide her daughter's medical treatment.

Police said Godboldo barricaded herself in her home with her daughter and shot at them.

After hearing testimony at Godboldo's preliminary examination in 36th District Court on Monday in Detroit, Judge Ronald Giles ruled that the court order was not valid and that there was insufficient evidence that Godboldo fired at police officers.

Maria Miller, spokeswoman for the Prosecutor's Office, said the dismissed charges will be appealed. Miller said that Wayne County Circuit Judge Lynne Pierce earlier determined at a Juvenile Court hearing that the order to remove the child was valid.

The appeal will be heard in Wayne County Circuit Court.

At a news conference Monday at Hartford Memorial Baptist Church, Pitts and Godboldo's other attorney, Allison Folmar, explained why they prevailed.

Folmar said Godboldo "never shot at an officer -- period. It never happened."

They said the court order was not valid because a court clerk stamped the judge's name to the order without consulting the judge.

"A judge never looked at this, never saw it," Pitts said. "It has to be an elected authority. This lady took the judge's stamp, stamped the judge's name and off she goes."

He called it "a huge constitutional error."

As a result of this case, Pitts said, there has been a policy change. Court employees are no longer allowed to stamp judges' names on court orders.

Godboldo's supporters say Giles' ruling was justice.

Sandra Hines, a member of the Godboldo Action Committee, said: "This case is rooted on the grounds of parental rights. It's the right of every parent to be the custodial caregiver over their child."

Ron Scott of the Detroit Coalition Against Police Brutality, said, "It's a victory for parental rights."

He also said that "Citizens have the right not to adhere to questionable reasons for entering their home. A person does not have to allow an unreasonable search and seizure to their home."

Neema Yacen of Detroit and a member of the Godboldo Action Committee, said it was a case of state overreach. "This is a mother who said her child had a problem, took her to the people who she thought could help her, and they crucified her."

Godboldo, whose daughter is now in the custody of her sister Penny Godboldo, is working to get her child back.

Judge Pierce has said she needs to evaluate the girl's current treatment and is seeking a report from her doctor.

Source http://www.freep.com/article/20110830/NEWS02/108300383/Detroit-mom-cleared-charges-stemmed-from-standoff-home