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Progressive News & Views (since 1982)
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THE SOM NOW HAS A CASE TO PURSUE: CHILD KIDNAPPING BY OREGON
Carl F. Worden
Ladies & gentlemen:
The Southern Oregon Militia, otherwise known locally as the SOM, has now
identified a case of Oregon State child kidnapping so egregious and
outrageous, that we referred our favorite attorney, Foster Glass of Bend
Oregon, to the
victim. Foster has taken the case, and has predicted this may be the case to
set a precedent in the legal process of all others to follow. Indeed, it
may set a precedent that affects national policy where the state claims an
omnipotent right, without required due process, to remove children from
parents
the state deems arbitrarily and capriciously to be "endangered" by the home
environment.
This particular case involves yet another victimized mother, Martina
Thor, the mother of a nine-month-old suckling child, who was taken from her
breast illegally by force by law enforcement agents of Jackson County,
Oregon this
past January.
Here are the details of this case:
Martina Thor and her ex-husband went through a very nasty divorce and child
custody battle. The emotions and some measure of malice have been simmering
for quite some time, and the baby is the primary victim caught in the
middle.
In early January of this year, DHS (Child Protective Services) and JACNET,
the Jackson County Narcotics Enforcement Team, showed up at Martina's door
without a search warrant, claiming a confidential, reliable informant told
them
Martina had illegal substances in her home. In Oregon, it is automatically
assumed by local law enforcement officers that a minor child is "endangered"
if illegal substances are present in a home the child resides in, and the
child is removed to foster care without due process on that basis alone, and
without prior judicial review.
The DHS officials and JACNET officers forced their way into Martina Thor's
home without a warrant, based on the specious assumption that her baby was
assumed "endangered" by the mere presence of alleged illegal substances in
the
home, and based on nothing more than the word of a so-called "Confidential,
Reliable Informant", otherwise known in law enforcement circles as a CRI.
As it turns out, the CRI was magically, psychically and
inexplicably correct: Martina was being visited by a friend from California
who had powdered cocaine in her possession, and who had placed her stash in
Martina's open
safe. The DHS official and the cops told Martina she would have to submit to
a
urine analysis and a full search of her home without a search warrant, or
they
would take her nine-month-old child into "protective custody". They
threatened Martina with this time after time in her home, and Martina was so
distraught at the thought of having her suckling child taken from her, that
she ignored every bit of advice I'd ever given her with regard to police
contacts.
Martina literally led the investigating officers to every corner of her
home,
in the false belief that if she cooperated with them, they would leave her
and
her baby alone.
Do I have to remind you that a law enforcement officer cannot compel a
citizen to be a witness against him/herself? What other possible illegal use
of authority could be brought to bear to force a mother to witness against
herself than to tell her, while breast-feeding her baby, that they will take
her baby from her if she does not fully cooperate? Give me a break!
Upon discovery of the powdered cocaine in the open safe, Martina's baby was
wrenched from her to foster care, and she was arrested for possession of the
illegal substance, cocaine. It is now March 19, 2006, over 90 days later,
and the Oregon DHS still refuses to return Martina's baby to her, even
though
a blood test revealed the baby had no illegal substances in her system.
In a preliminary hearing, I watched as Attorney Foster Glass grilled the
female DHS official who was in on the raid. Foster asked her at least twice
if
she saw or found evidence that would indicate in any way, that the baby was
imminently endangered. Both times, she acknowledged that the baby was safely
in Martina's arms, breast feeding, and that there didn't appear to be any
imminent danger to the child. The DHS officer also admitted that subsequent
blood tests on the baby did not indicate the presence of cocaine or any
other illegal substance. So why did they take the child from Martina's arms
if they saw no imminent danger to the child then or now? In the absence of
imminent and obvious danger to the baby, only judicial due process can
separate mother from child, and no such judicial due process has taken place
as of this writing, 90 days since the baby was taken from Martina's arms.
There's way more to this, as you will soon see. I can only speculate that
the ex-husband heard Martina's friend was arriving from California through
mutual friends, and knowing the girlfriend is a coke-head, it was a fairly
safe bet she'd be packing snort. I can't think of anybody else who might
know, but Martina is not known for being particularly protective of her
privacy, so
anything -- and anyone -- is a possible CRI in this case.
The primary reason the SOM is getting involved in this outrageous case is
that we are absolute defenders of the citizens' right to constitutional
civil rights protections, and this case is the poster-child of government
abuse to
pursue to its rightful and lawful conclusion.
This is not a drug case we are defending. This is a case where any excuse
will do for the State of Oregon to remove a child from a parent, even when
no actual threat to the safety or welfare of the child exists, and the basis
for the State's actions is nothing less than monetary. It is a fact the
federal government grants funds for children taken into foster care by the
state, and these kidnappings have finally reached the point where any excuse
will do
to remove even a suckling child from a home where, by their own admission on
the witness stand, no apparent danger to the child seems to exist. That is
why the SOM is getting into this case.
It is important for you to know Martina Thor has an Oregon-authorized
Medical Marijuana Card, that was granted her to help her deal with chronic
pain.
The baby didn't even test positive for Marijuana! Martina Thor is such a
wonderful and caring parent, she wouldn't even take advantage of her legal
right to smoke Marijuana while she was breast-feeding her baby, let alone
expose the child to Cocaine. Yet with all these facts known to DHS and
JACNET, they still insist on keeping mother from child. There is simply no
legal, moral or ethical excuse for this government behavior, but when money
gets involved
in the process, people tend to blur the lines of what is right, wrong, black
and white.
We have no problem with intervention where parents are so drugged-up and
irresponsible that the kids are living in filth and degradation, or are even
addicted themselves from meth fumes or heroin addiction from breast milk.
But
these local cops -- as usual -- have gone way too far now. They are now
using any excuse whatsoever to remove children from local homes, to the
extent
that the county has been advertising for foster parents because they don't
have enough to care for all these kidnapped kids!
Do you want to feel empowered? Let me tell you something: There is no better
attorney in Oregon or on this planet than Foster Glass, and if he
thinks he's got a precedent-setting case here, he's got a precedent-setting
case.
In my last conversation with Foster, we discussed this case going federal,
and
I believe it very well might. So I don't care if you live in Florida or
Maine: If you want to see these government kidnappers brought up short, let
us
all support Foster Glass and Martina Thor, for the true recipient of our
support will be Martina's suckling child, and every other baby out there the
government wants to remove from loving and caring parents.
If you really want to make a difference, here's what to do:
Make out a check payable to:
Attorney Foster Glass
339 SW Century Drive, Suite 101
Bend, OR 97702
In the memo line, write, "Martina Thor Defense Fund"
Foster's telephone number is (541) 317-0703
Liz and I will be sending $200.00 in seed money. If you want to see these
government kidnappings without due process halt, then join us and the
Southern Oregon Militia in this endeavor. The last time Foster helped us
with
a case, he got the family of the victim 1.8 million dollars in a wrongful
death
settlement. Foster is the real thing, folks!
Carl F. Worden
Liaison Officer
Southern Oregon Militia
(541) 826-6528
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