2001 |
|
November 14, 2001 |
Nancy Golin wanders from parents at their workplace as they
were moving in at 8:30PM. Parents
immediately call police for help and search all night. |
November 15, 2001 |
Police treat parents as suspects in am, delay parents’ search.
Parents go to PAPD station, offer $10,000 reward. Police call parents cell phone 6 AM, ask them to return to
workplace. Police call out five
building inspectors at 8am to shut down business for alleged code violations,
impairing parent’s ability to sustain income; Gas meter pulled. Nancy returns
11 AM, while police are detaining parents, searching and photographing their
car. Nancy is smiling, healthy, seems
fine, and goes into mother’s shop.
Police barge in without warrant, search, and seize Nancy’s
prescription anti-seizure medication.
Police put Nancy in Stanford Hospital, on 72-hr psych hold in locked
ward, clear violation of her rights as a developmentally disabled
person. Parents ordered to leave or
be arrested. |
November 16, 2001 |
TRO obtained against parents to prevent seeing Nancy or taking
her out. The 72-hour psych hold is
extended to thirteen days. Stanford
psychiatrists take Nancy off the anti-seizure medication prescribed by her
neurologists. They experiment on
Nancy with different anti-seizure medications and dosages; Nancy goes into prolonged
seizures at hospital that continue throughout period. Doctors turn away outside medical advice
and information. They let Nancy get
into beds with the mental patients and eat off their dishes. Doctors find no mental illness, yet start
drugging her on Trazidone, Ativan. |
November 18, 2001 |
Parents go to the Palo Alto Daily News with story, initially
report favorably to parents, then receive false prejudicial information from police,
and begin to libel parents. Parents
shown copy of heavily falsified police report. DA gives statement to press that we will “undoubtedly” be found
guilty and sentenced to prison for four years, that we supposedly have long
criminal histories. Seek help from
attorney Kazubowski. Dr. Kaplan calls
to offer information to doctors about medical history and care, supporting
parents. |
November 21, 2001 |
Stanford psych doctor Luu calls APS telling them Nancy is not
safe with men there, asking her to be moved, also inappropriate for her to be
there since she is developmentally disabled not mentally ill. APS disagrees insisting Nancy stay there. |
November 23-26, 2001 |
All records of Nancy at Stanford Hospital for this period are
suppressed after apparent undisclosed serious incident. Risk management called. |
November 27, 2001 |
Unreported incident regarding Nancy causes panic meeting to be
held by all parties, APS, PAPD, SARC, Stanford, and risk management is
called. Narrative to conversations is
missing. Same gap in both Stanford
and APS records. |
November 28, 2001 |
TRO runs out, last legal authority to hold, SARC decides
against hearing, parents go to pick Nancy up at hospital, Stanford refuses to
release Nancy. Nancy is instead removed
to Embee Manor, but her whereabouts are undisclosed, newspapers are unable to
find her. SARC Places Nancy at Embee,
forges her signature in five places on IPP to place her without
authorization. Nancy does not write
or speak. |
November 30, 2001 |
Parents each arrested on false allegations of abuse, $50,000
felony warrants filed. Released on
bail within 24 hours contrary to police expectations. After making bail,
police send Elsie to Valley Medical Center for attempted 72 hour psych hold,
grill her and keep her in shackles and chains demanding to know where she
keeps her cash, then release after overnight stay. Palo Alto Police detective reports release with panic call to
APS, concerned parents will go back to newspapers. DA libels parents to newspapers, which publish defamatory
information. When Elsie returns she
finds $2,000 in cash missing from her jacket pocket. |
December, 2001 |
a) SARC rushes to get Temporary Conservatorship without court
approval, DDS declines. No legal
authority to hold admitted. Nancy’s
whereabouts kept secret. APS admits
Nancy could go with parents if she wanted, but admit they want at all costs
to avoid court or any hearing. Not placed in any program. Denied visits by anyone that knew her
previously.) Meanwhile, some undisclosed incident reported at Embee Manor
while Nancy is there which is so serious it results in the firing of entire
staff. New staff including current
caretaker Lynn is newly employed, observe Nancy to be very ill, are
misinformed reason is parent abuse. |
2002 |
|
January 2, 2002 |
Parents first arraignment before Judge Manoukian, no contact
order imposed at request of Department of Developmental Services, supervised
visits ordered, but APS does not comply.
Parents present rebuttal letter from Dr. Kaplan shortly after to
DA. Mr. Golin represented by
Kazubowski; Mrs. Golin represented by public defender. |
February 2, 2002 (Sunday 2am) |
Mountain View Police spot van in parking lot, question Jeff
whether Elsie is inside. Force Elsie
out, place under arrest again under same warrant that she was arrested on
November 30, which she had discharged at that time, claiming that the warrant
was still outstanding. Elsie shows
them jail bracelet she is still wearing in protest from 11/30 arrest. Nonetheless, put her in handcuffs, hold
her in the back of patrol car, detain and deny use of bathroom. Contents of pockets including notes and money
placed on hood of patrol car to blow away.
She is finally released after an hour. Tried to prevent her from driving away after release. Later investigation showed warrant was not
still outstanding in computer at the time. |
February 4, 2002 |
DA states that if Kaplan letter is verified true, parents will
be dismissed; orders all medical records to investigate. Judge repeats orders for supervised
visitation; but County still does not comply. |
March 1, 2002 |
Judge Manoukian threatens County with contempt of Court if
visits do not begin in 3 days. County does not comply. States he is “surprised nobody seems to be
able to control these people”.
Subpoenaed documents coming in large boxes for review, no decision on
dismissal. Mother’s public defender
attorney refuses to allow her to see the subpoenaed evidence, refuses to subpoena
refuting information or interview any witnesses, and behind the scenes
actively worked against mother’s defense.
Kazubowski lets parents study documents at length. Find evidence of collusion, fraud and
cover-up. |
March 21, 2002 |
Parents see Nancy for 1 hr offsite for first time in 4-1/2
months under APS supervision, Nancy shows signs of molestation, she is all
bent over and clutching her crotch with both hands. Nancy is heavily sedated.
Parents are told visits will terminate if they ask questions about
Nancy’s condition. Visits held for 1
hrs per week, under severely oppressive conditions. Parents plead with the Court, DA, Social Services director, and
disability rights groups to help Nancy, all to no avail. The public defender refuses to allow
mother to see the any of the records provided by the DA. |
April 21, 2002 |
DDS secretly petitions for conservatorship, still no legal
authority to hold Nancy, avoid serving notice on parents. Both the DDS and the County Public
Defender falsely allege to the Court that the parents have been “done jail
time” for abusing Nancy and their whereabouts are unknown. Two more monthly hearings on matter
falsely claiming this, while meetings and visits go on constantly between
parents and County. Kazubowski’s
review of documents for defense reveals all proofs of innocence needed, but
case continues with no sign of promised dismissal. |
May 7, 2002 |
Careworkers secretly take Nancy to Dr. Cerezo to ask for her
to be drugged further on Risperdal, falsely claiming psychiatric symptoms
that she has become fearful since visits with parents began, claiming to
Cerezo that she was there at Embee because parents had abused her and were in
jail. Unreported to parents. |
July 15, 2002 |
Mrs. Golin hires effective private counsel, Eric Conner. Second subpoena for documents by DA
reveals even less evidence against them than first. Case drags on every month. |
July 15, 2002 |
Parents move to Merced County to get away from SARC area and
Santa Clara County jurisdiction. |
July 31, 2002 |
SARC forced by Gallagher to give notice to parents of
previously secret Conservatorship petition.
Parents finally find confirmation of her whereabouts in filings. |
August 1, 2002 |
Parents inspect Court file and find DDS’s petition and three
prior undisclosed hearings; get transcripts made claiming parents whereabouts
were unknown, and claiming that Nancy was evaluated with dementia by quack
doctor. |
August 10, 2002 |
Obtain Probate Investigator’s report showing Nancy’s room at
Embee stinks and Embee claims Nancy was urinating on the floor; but Nancy
does not have this behavior. That
would happen only if she were having seizures, but Embee denies this. SARC gives report falsely claiming Nancy
has dementia, and is too ill to come to the probate court; MD who has lost
his license issues it. |
August 14, 2002 |
Nancy appears at supervised visit showing signs of serious
abuse: ripped off fingernail on middle finger of right hand, raw nail bed
without bandage, claw marks on left hand, bloody mouth, bruised cheek. No explanation. Parents call police to report abuse but APS Buckmaster turns
them away, telling them parents are criminals. Father searched by police.
(Declaration regarding this misdated as July 14). Date might
correlate with later discovered clavicle fracture. Parents report to court. |
August 17, 2002 |
Parents react and file own Petition to counter DDS’ and
objection to DDS. Parents file
extensive declarations on all issues showing innocence and fitness. |
August 20, 2002 |
Probate hearing before Judge Ward, first hearing at which
parents are present. Hearing set for
2 months to allow time for investigation of conservators. Parents object to
failure to notify. |
August 28, 2002 |
Visit cancelled without notice or explanation. |
August 29, 2002 |
Careworkers again take Nancy for x-rays at Meridian Medical
Clinic. No injury reported by them;
radiologist’s report is missing from the file, but the X-ray shows the recent
collarbone break with no dislocated shoulder. Careworker suddenly begins to lift Nancy up from under arms
rather than pulling on arms, instructing everyone else to do same. The break
is not treated and heals into permanent deformity. |
September 14, 2002 |
Nancy begun in day program for first time since abduction,
after parents complained in objection that she had no activities, despite
their similar complaints about the parents.
Parents not allowed to view. Someone attempts to visit Nancy at Embee;
Despite lack of no-contact order for her, she is turned away by careworker
who calls APS/Buckmaster who screams demanding to know how she found secret
address. |
September 30, 2002(Nancy’s 32nd birthday) |
Embee issues Fourth Quarterly Report on Nancy showing 118
incidents of wandering or AWOL at Embee in the nine months since December,
2001 contrary to claims. |
October 3, 2002 |
First Habeas Corpus Writ Filed by Parents. |
October 7, 2002 |
Order granting Writ of Habeas Corpus, petitioned by parents,
issued by Gallagher after reviewing entire file, Order to show cause issued. |
October 15, 2002 |
Conservatorship Petition before Ward, Parents speak at length before
the Court about their work with Nancy and refuting all known false
allegations. DA Hey listens in gallery.
Elsie talks of how the State and County, while often doing a fine job
with the mildly developmentally disabled, tend to badly mistreat the more
severely impaired ones like Nancy.
Private non-professional Temporary Conservator (TC) appointed over
objection of the Public defender DDS and APS. All pending Petitions are continued to February 4, 2003 Status
review hearing. Date set to give
parents sufficient time for clearing of criminal matters. Parents finally allowed seeing Nancy,
notes Nancy’s signs of brain damage, distinct signs of tardive dyskinesia,
videos taken. orders careful
discontinuation of the psychotropic drugs. Later find transcripts of hearing
contain many large deleted portions, parents object but transcript remains
uncorrected. |
October 27, 2002 |
DA continues case against parents and will not discuss with defense
counsel, but reduces charges to misdemeanor, offers insignificant penalties,
removes APS as visit supervisor.
Moves for trial rather than preliminary hearing without discussing
issues with defense attorneys. |
November 7, 2002 |
a) SARC files return to OSC for Habeas Case denying they have
any involvement with Nancy now, relying mainly on criminal case status,
claiming TC and Embee are completely in charge. |
|
b) Parents and TC take Nancy to Alta Bates ER for pneumonia
and withdrawal from drugs.
Undisclosed and untreated broken collarbone is found in x-rays and
documented to be recent, and is reported soon after to Gallagher who orders
expert evaluation of evidence by parents.
Expert estimates by Dr. Nguyen say it’s recent, in State care. TC refuses to cooperate to move Nancy from
system, fearing SARC and DDS. |
December 2, 2002 |
Parents contact State Licensing, reporting broken collarbone,
drugging and other injuries. Embee seeks
to punish parents for reporting the injuries, refusing to allow visits to
Nancy there, in violation of the Lanterman Act. Also gives Nancy 30 days notice to move out. TC supports Embee, claiming parents are
“tattling”. Parents refuse to accept
this and are barred by TC from visiting Nancy and objecting parents do not
see her again until Christmas. |
December 9, 2002 |
Parents move to have Nancy moved to home for emergency medical
treatment because of the collarbone and drugging, TC insists on parents
taking over conservatorship for this, Gallagher balks due to TC’s
precondition citing outstanding criminal case. Motion denied due to TC’s stance. Orders getting an outside PI lawyer to sue County on behalf of
Nancy, suggests TC move her as soon as possible from county. Repeats request for parents to dispose of
criminal charges so their Petition can be considered. |
December 10-20, 2002 |
Parents hunt for proposed placement in Merced County,
eventually find excellent placement, but TC
balks and scuttles, complaining about distance, preferring to leave
Nancy at Embee despite proven dangers.
|
December 17, 2002 |
Parents file denial of SARC OSC for Habeas. DA sets trial for end of January when
Conservatorship petition to be reheard. |
2003 |
|
January 5, 2003 |
During Sunday visit, Nancy has grand mal seizures. After battle with TC, Nancy is taken to
Good Samaritan ER. During admission,
discover unreported prior ER admission on Sunday 9/15/02 for unknown
purposes, taken by careworkers. Careworkers
listed as next of kin and person to contact. TC informed, then attempts to
find out what this was fail, and records disappear from computer next day
without a trace. Parents and
admissions nurse all saw it on the computer, it was there. |
January 10, 2003 |
Gallagher denies Habeas petition without prejudice saying TC
has full powers to move Nancy, but TC ignores responsibility and SARC
obstructs move, immediately refusing to allow her to move out of county. |
January 24, 2003 |
Gallagher rotates off Probate bench. |
January 28, 2003 |
Parents exonerated of criminal charges on eve of trial. DA admits he has no case against parents
in pre-trial conference, plea settlement to avoid trial dismisses Mrs. Golin completely,
Mr. Golin dismissed with very minor conditions not to interfere with
Conservatorship hearing to be dismissed in 6 months, reduced plea to watered
down charges of letting Nancy wander one time. Supervised visit orders dissolved. Parents prepare to get daughter back to safety. |
February 4, 2003 |
Status review of TC before Probate’s new Judge Thomas Edwards,
removes TC and grants to State despite allegations against Embee on petition
from PDO Street. Reasons are stated
that TC failed by taking Nancy off damaging drugs and did not share records,
contrary to all logic. Parent’s
petition and order of preference not considered seriously. PDO agrees to share all records with
parents; then they do exactly the opposite.
Grants all PDO, SARC, DDS and County unscheduled motions against
parents. Parents’ attorney asks for jury trial, blocked by PDO. Nancy again not present, Morrissey objects
to no effect. Orders “continuation”
of supervised visits. Nancy not
allowed to leave County even for medical examination or treatment. Injuries
shown to have occurred scoffed as merely “allegations” and “outlandish”. Parents represented by new attorney
Morrissey, whom they fire soon after when he refuses to fight orders. Trial set April 8. Nancy remains at Embee. No discussion of enumeration of full
powers at hearing. |
February 21, 2003 |
Parents retain Conner as co-counsel for Federal Court action. |
February 22, 2003 |
Nancy misses visit, supervisor feigns illness to keep parents in
dark while Nancy secretly goes into hospital in grave condition due to
drugging and vomiting up esophageal lining.
Parents not informed. |
February 23, 2003 |
Parents re-file Habeas brief with new facts, prepare for
Federal Court. Retain Conner for Federal
Court Habeas Emergency Petition and prepare Peremptory Challenge. |
February 25, 20033:56pm |
Parents file Peremptory Challenge against Edwards for cause,
prior knowledge and for prejudice.
Parents file objection. |
February 25, 20034:12pm |
Edwards files Orders granting DDS TLC with six powers not
heard on 2/4. Receive proposed orders
by DDS requesting consent for six powers, not previously seen. |
February 26, 2003 |
Parents file objection to granting of six powers. |
March 1, 2003 |
Edwards files Answer to Peremptory Challenge, postmarks it
March 3, consents to withdraw but denies allegations refusing to be
disqualified. Matter sent to outside
judge for decision. |
March 1, 2003 |
Parents learn Nancy is gravely ill with uncontrolled seizures,
vomiting blood from huge stomach ulcer; Supervisor concealed that Nancy was
in hospital from about 2/17-2/20 without notifying parents previous
weekend. Claims Nancy too ill to
visit, denies parents entry to home to see, will not allow visit with her,
refuses to give parents names of doctors to assist in helping her, doctors
have been ordered by SARC not to speak to parents even if to help Nancy. Parents get civil standby to see her 5
minutes, see she is gravely ill and severely abused showing bruises around
wrists from restraints and needs immediate help, police refuse to assist due
to conservatorship situation and APS involvement. Not seen since then by parents for four months afterwards. |
March 2, 2003 |
Parents visit doctors and hospital requesting information
despite SARC orders not to talk.
Learn about ulcer and cauterization operation. Learn that Nancy has
not been in her day program for several weeks, perhaps since February 4,
either very sick or taken out after keeping up appearances became
unnecessary. MediCal billings show
charge for ER visit for skull fracture and broken thigh. |
March 3, 2003 |
Parents set to go into Federal Court but learn that Gallagher is
substituting for Edwards this week so prepare for ex Parte hearing hoping she
will grant. |
March 7, 2003 |
a)
Ex Parte motion before Judge Gallagher,
asking for Nancy’s immediate release, citing her life-threatening medical
problems, including a large bleeding ulcer, repeated uncontrolled seizures,
and brain damaging drugging. Parents
file extensive declarations and motions withheld while Morrissey was in
charge. Gallagher refuses to reverse
any Edwards orders while Challenge is being decided, informs parents that
Edwards assumed recusal is not recusal but Answer and that trial judge will
decide in time. Allows parents to
obtain letter from doctor establishing Nancy’s serious condition, as
condition to release her. b)
Parents immediately visit neurologist in
charge Gaskins to offer assistance and get letter, and she reports that just
after hearing she received call from SARC saying she was ordered not to speak
to us, undermining Gallagher’s orders.
Parents persuade her to discuss briefly and give her names to call. c)
Parents get similar letter instead from Dr.
Nguyen, request P & A brief from Conner to support motion. |
March 10, 2003 |
Parents turned away from Gaskins office without being allowed
to give helpful information or discuss letter. |
March 14, 2003 |
Received transcript of February 4 hearing, find it to be
totally altered and deleted, removing oral arguments that were used in open
court that we used or of others that we objected to in our peremptory
challenge of Judge Edwards and the Public Defender. Prepare and file objection. |
March 19, 2003 |
Received ruling of Judge Gallagher denying our Emergency Ex
Parte petition to Terminate Conservatorship, ignoring all of our other
motions, on grounds that we were unable to present her with the required affidavit
by Dr. Gaskins, although we declared that our access to Dr. Gaskins was
frustrated by SARC, and that Gallagher had been unmistakably heard to ask for
a letter. Orders the
Department of Social Services to investigate itself on the collarbone issue,
to get a medical opinion that supports their contention that they are
innocent of any liability, no other orders issued. |
March 24, 2003` |
Parents serve subpoenas on all involved agencies for medical
and other records, which are all opposed and blocked by SARC in subsequent
days. Parents file motion to
reconsider Exparte motion of Judge Gallagher from March 7, 2003. |
March 26, 2003 |
Parents obtain sworn affidavit from Dr. Duc Nguyen, showing
that the dislocated shoulder and the fractured clavicle occurred in two
separate incidents. |
March 28, 2003 |
Judge O’Farrell, outside judge from Monterey County, rules on
Peremptory Challenge of Judge Edwards, recusing Edwards without disqualification,
without noting parents Denial of Edwards’ Answer or Objections to pending
orders. Parents file Request for Reconsideration based on other filings not
noted, asking Edwards be disqualified so that his untimely orders may be
vacated. |
April 8, 2003 |
Status Review Conference and Trial Setting Date for
Conservatorship before Judge Gallagher.
Judge despite doctor‘s reports denied motions for relief, not in any
hurry, sets trial motion dates month away, delays requested
reconsideration. We receive alarming
medical records showing that Nancy did not have an ulcer, but a precancerous
condition Barnett’s esophagus, vomiting up blood and chunks of esophageal
lining. Clearly has a
life-threatening condition caused by drugs as we had alleged, which was
covered up. |
April 18, 2003 |
Parents visit Nancy for three hours, after day program, she
appears very weak and inactive, depressed, distant, much display of tardive
dyskinesia, lip pursing, tongue thrusting, hands shaking, even on Zyprexa,
finds it hard to walk. Go to Santa
Theresa Park but Nancy too weak to walk far. First visit allowed in more than
two months. |
May 5, 2003 |
Parents
file tort claims with State, County, SARC and Embee Manor in time for 6 month
deadline following discovery of broken collarbone and dislocated shoulder
injuries. Claims are eventually
rejected as expected leaving another 6 months to file suits. |
May 7, 2003 |
Pre-trial
conference with Gallagher, Conner attending for parents. Golin prepares extensive reply brief
answering Berliner Cohen’s motions.
Gallagher moves against parents on each motion, denying jury trial on
request of Street, denying modification of supervised visitation orders,
denying termination of conservatorship motion, denying removal of PD Street
representing Nancy, denying removing Nancy from placement where injuries
occurred, denying Nancy’s right to sue, expressing doubt about parents
criminal case settlement status, denying motions concerning discovery, allowing
APS records to be used in trial, Street files joinder motions with SARC.
Rules parents may have independent medical examination but must not be
present and must occur only during daytime hours. Chapnik attempts to substitute for Street and is rejected. |
May 9, 2003 |
Second
Habeas Petition is Rejected without prejudice, alleging by inference
Gallagher has no ability to modify visitation orders so Nancy cannot come
home. |
May 15, 2003 |
Russ
George, alternate petitioner for conservatorship, friend of parents, appears
at his calendared appointment hearing set two months prior and nobody else
shows up except parents, Gallagher refuses to come out of chambers to speak
to him, refuses to rule on his petition, refuses to reject his petition.
George gets completely ignored. Hearing is aborted with no reschedule date. |
May 23, 2003 |
Judge
Gallagher sponsors Settlement Conference one week before trial date, says
“case should settle”. George out of town unable to attend. Lasts 5 hours. Opposing parties are PDO Street (court appointed to represent
Nancy), Kennedy/County Counsel for APS, Johnson/Berliner Cohen for SARC, and
DDS Stiles. Talks break down when
opposing parties insist on getting permanent conservatorship. Buckmaster and Kratzer go for gutter,
claimed parents do not really live in Merced County but are homeless, that
mother is Munchhausen, that now Nancy was covered
with lice when found, and increasingly wild allegations. Opposing parties
admonished this is a fiasco. Parents motion for continuance of trial set for
June 2 is moved to September 29, 2003 because obstruction of discovery makes
it impossible to be prepared. State’s
temporary conservatorship is extended to trial date with all six powers
contrary to probate code. |
June 11, 2003 |
Mrs.
Golin files appeal of Judge Edwards’ decisions within timeline. Nancy
undergoes second gastroesophageal endoscopic follow up examination, this time
parents are allowed to come to hospital over objection of Street, by SARC. No medical report is provided to follow up
and SARC only gives a summary report they prepared without any records. |
June 20, 2003 |
Conner
files Federal Habeas suit Golin v. Allenby in Federal 9th District
Court, on behalf of Elsie with Judge Alsup assigned. Case languishes for
months until parents hire another attorney who briefly pursues the case, then
drops the ball. |
June 22, 2003 |
Nancy
visited, looks sullen and unhappy, very much frozen up physically and weak,
has black right eye and gash on right eyelid, nobody knows how this
happened. Caregiver Lynn Gelle has
been sent back to Canada, and is not being rehired. New staff at Embee Last
visit two months ago. |
August 9, 2003 |
All charges
against Jeffrey Golin finally dismissed by DA on plea of not guilty,
exonerated, expunged. |
September 11, 2003 |
Hearing in Federal District Court Northern District California, Judge Alsup, on motion for medical exam prior to Petition for Habeas Corpus, taken under submission and briefs, exhaustion issue and jurisdiction. |
September 23, 2003 |
Jeffrey Golin intervenes in Federal Habeas case on own
behalf. Files extensive brief. Parents instructed that they must proceed
in State Court with trial before Habeas despite history. |
September 20, 2003 |
MediCal billing history subpoena finally complied with despite
interference from Liske, showing extensive seizure activity and record of ER
visit for skull fracture and broken thigh bone. |
September 26, 2003 |
Parents call ex-parte motion in probate to delay trial to
explore discovery further, denied.
Says this is important case, should move forward. Judge William Martin
assigned at last moment to trial. |
September 29- October 18, 2003 |
State probate trial begins to decide if Nancy should be
conserved, by parents or state. Judge Martin presiding. Parents unwillingly represent selves. Parents bring 13 witnesses, but most
important ones kept out. Martin rules
against parents for state, despite parental preferences. |
October 23, 2003 |
Parents file own Section 1983(5) civil rights complaint in
Federal District Court against state, county, city, SARC, APS, care home, and
individuals, just within statutory time limits. |
November 18, 2003 |
Parents file motions for rehearing in state court, file
affidavits objecting to opinion and decisions, notice of appeal. |
November 24, 2003 |
Habeas Corpus first petition in Federal Court dismissed for failure
to exhaust state remedies, after briefing.
Parents file their own supplemental brief. |
November 25, 2003 |
State Supreme Court denies Habeas Petition, exhausting state
remedies, one day after District Court dismisses for failure to exhaust. |
December 29, 2003 |
Parents file Second petition for Habeas Corpus in Federal
District Court, pursuant to exhausting state remedies. Case languishes, state
fails to file response, parents move to declare default, clerk refuses to
notice. |
2004 |
|
January 14, 2004 |
Motion for rehearing in state court denied, exparte motion to
give temporary conservatorship to state pending appeal, opposed and granted
by Judge Martin. |
January 18, 2004 |
Nancy moved from Embee Manor to Talla House, parents visit establish
initial relationship with Tallas.
Have not seen Nancy since trial three months before. Visits resume on
irregular basis. |
January 22, 2004 |
Case Management Conference in District Court, Section 1983
civil rights suit, briefing begins on 12(b)(6) motions and oppositions, Golin
files own opposition brief to each motion to dismiss. |
March 25, 2004 |
Section 1983 civil rights suit and second Habeas Corpus
dismissed in District Court, Judge Alsup, on 12(b)(6) Motions. Alsup calls case
“frivolous”, ridicules parents, praises state, relies on biased Martin
opinion. Parents appeal to Ninth Circuit. |
April 1, 2004 |
Judge Martin denies parents approved settled statement
proceeding or transcripts on appeal to state court, opining parents can
afford. Parents unable to attend for medical reasons, proceeds without them.
Parents renew their challenge. |
December 4, 2004 |
State Court of Appeals denies parents motion for extension of
time to procure remainder of trial transcripts for appeal, dismisses state
appeal. |
December 6, 2004 |
Parents file Opening brief in Ninth Circuit Court of Appeals,
Civil Rights case. Visits with Nancy cut off during holiday season. |
December 13, 2004 |
Golin files Petition for Certiorari with US Supreme Court for
denial of petition for Habeas Corpus in Ninth Circuit for failure to obtain
Certificate of Appealability.
Subsequently file Supplemental Brief. |
December 14, 2004 |
Golin files Petition for Certiorari with US Supreme Court for
denial of review in State Supreme Court.
Subsequently file Supplemental Brief. |
December 23, 2004 |
Parents file emergency injunctive motion with US Circuit Court
fearing that Nancy is very ill and being subjected to mistreatment,
requesting holiday visitation, motion denied. |
2005 |
|
February 18, 2005 |
Conference in US Supreme Court on petitions for Certiorari,
denied. |
February 22, 2005 |
Parents file Reply brief in Ninth Circuit Court of Appeals, Civil
Rights case. |
April 19, 2005 |
Nancy rushed to El Camino Hospital for secret hospitalization
with no one accompanying her, no one permitted to know reason, stays for
week, hospital denies she is there but parents see her under guard. Parent
renew motion for protective injunctive relief in US Circuit Court. Returns to same placement she was abused
at. Nancy had been rushed there due to seven seizures, status epilepticus. Had been fully tapered off of Dilantin
because of loosening of teeth for at least a month. SARC blamed this for these seizures and put her back on to
Dilantin. Nancy was so near death due
to bradycardia (sudden drop of blood pressure to near cardiac failure) they
had to administer CPR and external pacemaker for heart failure. Cause of these seizures actually was a
rip-roaring E-Coli urinary track infection, hundreds of thousands of
colonies, caused by keeping Nancy in diapers while she was in restraints most
of the time, concealed by Talla.
Partially collapsed lung, heart failure. Placed main line in neck, she
rips it out. Infections had always
spurred seizures. Liske and Wendt sends letters to attending physician
telling them that the parents require close supervision under guard for periods
of only 5 minutes at a time due to past allegations of abuse (unfounded) and
there is to be no release of information or visits by anyone including
the parents. Doctors follow. |
April 25, 2005 |
Watchdog Carole Herman calls Mimi Kinderlehrer and Tucker
Liske and demands to know what is going on, receives few explanations, only
saying hospitalization was “medication related”. |
May 11, 2006 |
Two Judge panel in Ninth Circuit, Pregerson and Callum, denies
motion for emergency injunctive relief to protect Nancy. Waiting for
calendaring. |
June 20, 2005 |
Parents visit Sen. Jeff Denham’s office in Sacramento to plead
for help. |
June 22, 2005 |
Ninth Circuit affirms dismissal of lower court, Judge Alsup,
in three judge panel, Judges Kleinfeld, Tashima and Thomas. Decision so inept that it is hard to
believe such judges could have written it, every citation of authorities
is misstated and obviously incorrect, very cursory ruling, failed to apply
recently decided Exxon-Mobil case, while at the same time applying it
to another case with same issues. Primary ground is that parents are not
represented by attorney and thus cannot represent Nancy as guardians ad
litem. Denies all outstanding motions as moot. |
July 6, 2005 |
File petition for rehearing en banc with Ninth Circuit Court
of Appeals on civil rights lawsuit. |
July 9, 2005 |
Jeff Golin sits down with Peggy Collins, chief consultant to
Sen. Wayne Chesbro, Chm. Of Senate Committee on Developmental Disabilities
and Mental Health. Collins promises
help, then studiously avoids Golin. |
July 13, 2005 |
Filed Amended Memorandum of Points and Authorities for Motion
for rehearing en banc with Ninth Circuit. |
August 16, 2005 |
Ninth Circuit denies Motion for Rehearing en banc. Only recourse is to U.S. Supreme Court.
Have 90 days. |
October 20, 2005 |
Gerard W. Wallace of New York agrees to help Jeff petition US
Supreme Court pro bono for certiorari from the Ninth Circuit on civil
rights case. |
December 14, 2005 |
Filed petition for certiorari by Wallace with US Supreme
Court, after two months of preparation and editing, printed ourselves to
professional standards. (30 day delay
had been granted by retiring Justice Sandra Day O’Connor). |
2006 |
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March 27, 2006 |
US Supreme Court denies bid for certiorari, without comment. |
April 26, 2006 |
Parents, with Wallace continuing pro hac vice from New
York, refile civil rights lawsuit for damages and injunctive relief against
state, county, city and state actors, in Sacramento Superior Court, within 30
day time period allowed, perfect causes and defendants. Start looking for California trial lawyer
to pursue locally. |
May 30, 2006 |
SARC’s Kinderlehrer, apparently having been tipped off about
lawsuit before service of summons, retaliated against parents by shutting
down their visitation rights, clamping down on supervised visitation rules
again, alleging that she allegedly received word that the parents had
intended to leave with Nancy and not come back. |
August 18, 2006 |
After two months of pursuit of Judge Loren McMaster in
Sacramento who originally signed guardian ad litem order on June 19, then
tried to hide it, Sacramento Judge Michael P. Kenny appoints Elsie as guardian
ad litem to represent Nancy in lawsuit. For first time in five years
someone other than the people who are abusing Nancy is appointed to represent
her interests, due to the representation of Wallace. Without standing case
could never go forward on Nancy’s claims. |
August 24, 2006 |
All defendants are served with summons within extended
deadline. |
September 19, 2006 |
Parents fail to defeat County’s motion to remove lawsuit from Sacramento
County to Santa Clara County, where are expected to remove Elsie as Guardian Ad
Litem and thus gut their case as they have done previously. |
October 2, 2006 |
Parents found new authorities and facts and filed motion to
reconsider change of venue to Santa
Clara County with new affidavits and motion for stay, where parents are
convinced the County has influence and bias in Superior Court against their
case favoring the defendants, and will quickly suppress the case, preventing
it from ever going to discovery or going before a jury. |
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